Scientific works of Kyiv Aviation Institute. Series Law Journal "Air and Space Law"

THE INTERNATIONAL LEGAL ISSUES OF COMPENSATION FOR THE CRIME OF AGGRESSION UNDER THE MARTIAL LAW AND THE POST-WAR PERIOD

2025-11-25T10:12:05+02:00

The purpose of the study is to analyze the institutional certainty of international legal mechanisms for compensation for damage for crimes of aggression both during martial law and in the period after its completion, and the possible regulatory regulation of certain gaps in the current regulation and to provide proposals for possible ways to improve the relevant mechanisms of international law. The article, based on a pluralistic methodological toolkit, which includes general scientific and special scientific research methods, explores the distinctive features of international legal mechanisms of compensation, understood as the provision of restitution and monetary redress to individuals whose rights and legitimate interests have been violated as a result of an act of aggression — the gravest breach of international law. Discussion: the analysis underscores that the institution of compensation in international law encompasses financial redress and monetary payments applicable to both public and private legal relations. Particular attention is given to Articles 30 and 31 of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, developed by the UN International Law Commission, which establish the liability of the aggressor for wrongful conduct, the duty to cease such conduct, and the parallel obligation to provide reparations for the damage inflicted. The article highlights that compensation, as one of the principal forms of reparation alongside restitution, satisfaction, and rehabilitation, constitutes one of the most effective instruments for the restoration of infrastructure objects across different forms of ownership, as well as for the recovery of individual households. Results: it is further emphasized that the development of international legal cooperation aimed at ensuring compliance with compensation obligations requires not only legal mechanisms, but also coordinated engagement of judicial, financial, and law enforcement institutions. The fundamental premise of such cooperation entails the establishment of national reparation programs and complementary assistance to victims in circumstances where the parties responsible for the harm are unable or unwilling to fulfill their obligations.

IMPACT OF INTERNATIONAL HUMANITARIAN LAW ON THE SYSTEM OF NATIONAL LEGISLATION

2025-11-25T10:22:22+02:00

The purpose of the article is to reveal the theoretical and legal foundations of international humanitarian law (IHL), its influence on national legislation, identify existing problems and determine the optimal ways to solve them. Discussion: it is noted that based on a systematic and comprehensive study of the concept and essence of IHL, the differentiation of approaches to understanding and interpreting this phenomenon, a separate branch of the system of modern international law, is justified, primarily in educational and scientific, encyclopedic and dictionary-reference publications. Various, sometimes significantly different definitions largely determine the adjustment of the subject of regulation, object-subject composition, source basis, etc. There are trends of convergence of IHL and various branches of national law and legislation of Ukraine, namely constitutional, defense and security, military, administrative, criminal, environmental, etc. It is also natural that IHL has an active influence and interconnection with other branches of international law (international security law, international treaty law, international organization law, international environmental law, international maritime law, international air law, international human rights law, international criminal law, etc.). Of primary theoretical and practical importance in this context is the study of the relationship between international law and national law, international universal and regional, national legal orders, their interaction and mutual influence, the implementation of international legal obligations, standards, norms and principles of IHL, including theoretical, comparative law, sectoral and applied aspects. It is necessary to single out existing problems, namely: significant obsolescence, gaps and ineffectiveness of the action of IHL, lack of proper monitoring of its implementation, different approaches, sometimes arbitrary, at one’s own discretion or patchy implementation of the norms and principles of IHL by individual states, including the aggressor state Russia. Results: the need for modernization, that is, updating and supplementing the existing provisions of IHL, mechanisms for their implementation at the international and national levels, has been identified. An interesting announced initiative – the Platform for the Progressive Development of International Humanitarian Law – can be considered as the result of mutual influence, interaction between IHL and the system of national legislation, other components of the national legal system, with the participation of a wide range of participants and in order to update IHL, increase the efficiency of implementation mechanisms, monitoring and ensuring compliance with the norms and principles of IHL, improve national legislation and law enforcement, restore peace, security and justice.

LEGAL SUPPORT FOR THE ASSOCIATION OF UKRAINE WITH THE EUROPEAN UNION

2025-11-25T10:33:11+02:00

The aim of this article is to conduct a comprehensive theoretical study of the legal framework for the Association between Ukraine and the European Union. This aim necessitated the following tasks: to define the theoretical and legal foundations of the association between Ukraine and the European Union; describe the main stages of the formation and development of cooperation between Ukraine and the EU as a prerequisite for association; examine the types of association in EU contractual practice; reveal the legal nature and general characteristics of the legal provisions of the Association Agreement between Ukraine and the EU. Research methods: in the course of researching the topic, a historical approach was used to reflect the implementation of international law norms in Ukrainian legislation; a systematic approach was used to clarify the internal essence and nature of the object of research, to study its details and dependence on various factors; logical generalization was used to justify the need to highlight conclusions as a result of the research. Of particular importance in the study was the special scientific method, in particular: the method of interpretation of legal norms used to study the provisions of the Association Agreement between Ukraine and the EU and the content of Ukraine’s national legislation. Results: the article examines the legal basis for Ukraine’s association with the European Union. Analysing the establishment and development of cooperation between Ukraine and the EU in the context of association through the prism of legal grounds and key stages, it is noted that in the early stages, the parties developed relations on a general contractual basis. Political negotiations took place in the format of annual meetings and ongoing consultations between authorised representatives of the parties on the basis of the Partnership and Cooperation Agreement. The initial stage of establishing relations was characterised by low activity in law-making or significant legal changes on the path to Ukraine’s integration into the EU. We attribute this to the EU’s reluctance to expand its borders towards the countries of the former Soviet Union, which were not yet sufficiently democratic, and to the unfavourable performance of the Ukrainian economy. Discussion: the article focuses on the legal nature and general characteristics of the legal provisions of the Association Agreement between Ukraine and the EU.

IS IT NECESSARY TO DRAFT A NEW OUTER SPACE TREATY FOR THE TWENTY-FIRST CENTURY?

2025-11-25T09:39:03+02:00

Purpose: to describe and study the 1967 Space Treaty in the context of current space activities involving new subjects and objects of law. The document highlights the Treaty’s continued relevance due to its broad and general wording, which allows it to address a wide range of cases, while questioning the necessity of drafting a new Space Treaty for when mankind sets foot on Mars. Research methods: study of specialized bibliography and the Corpus Iuris Spatialis, and analysis of information related to space industry. In addition, the author conducted interviews with space law experts and professors Robin J. Frank, Frans G. von der Dunk, and Marta Gaggero Montaner, which are included in the Interview Appendix. Results: 1) Articles II, III, IV, V, VI, VII, VIII, IX, XI and XIII, are legal limitations to the principle of freedom of exploration and use enshrined in Article I of the 1967 Space Treaty; 2) Today, new terms and definitions are being developed not only within UNCOPUOS but also through the national space legislation of countries with space capabilities; 3) For mankind to set foot on Mars in a sustainable manner and establish permanent human and AI-operated settlements, the U.S. and the People’s Republic of China, current spacefaring superpowers, will need to adopt common and binding international rules applicable to all, for the greater good and the survival of our species. Discussion: is it realistic for us, as space lawyers, to consider the possibility of drafting a new Space Treaty for the twenty-first century? Does the classical characteristic of predictability of space law urge us to act?

CURRENT ISSUES IN THE LEGAL FRAMEWORK FOR ENVIRONMENTAL SAFETY IN AIR TRANSPORT

2025-11-25T09:58:51+02:00

The purpose of the article is to develop recommendations for improving regulatory and legal regulation of environmental safety in the field of air transport based on the analysis of existing legal problems of environmental safety in civil aviation. Research methods: the dialectical method was used to determine the relationship between the development of air transport and the state of environmental safety; the comparative legal method was used to compare national legislation with international standards; the formal legal method was used to interpret regulatory acts that define the requirements for environmental safety in air transport; the analytical method was used to summarise scientific approaches and practices for applying legal norms; the forecasting method was used to determine the prospects for improving the legal regulation of environmental safety in aviation transport. Results: it has been determined that the legal framework for environmental safety in aviation transport requires systematic updating at both the international and national levels, in particular with regard to the regulation of aircraft engine emissions, noise impact and aviation waste management, the integration of green technology requirements into national policy, and the strengthening of environmental standards at airports and aerodromes. Solving existing problems requires a comprehensive approach that includes technical innovation, scientific and methodological support, monitoring, and administrative measures. The main areas of focus are the modernisation of aviation systems, the development of alternative fuels, the assessment of environmental pollution, and the improvement of management strategies. The article substantiates the need for interdepartmental coordination between aviation, environmental and transport authorities and international organisations to effectively ensure the environmental safety of air transport. Discussion: it has been established that the issue of legal support for environmental safety in aviation transport is complex in nature, as it is linked to technical and organisational aspects, is characterised by fragmented regulation, and requires national legislation to be harmonised with international standards and obligations, the European Green Deal and the Paris Climate Agreement. The results of the study indicate the need to introduce a unified legal mechanism for controlling emissions, noise and waste disposal in air transport. This will ensure a balance between the development of air transport and the protection of the natural environment. There is a need to intensify scientific research into the introduction of ‘green’ aviation technologies.

THE ISSUE OF THE LEGAL FORCE OF THE RECOMMENDATIONS OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS

2025-11-25T10:40:58+02:00

Purpose: the purpose of this article is to analyze the issue of the legal force of the recommendations issued by the Ukrainian Parliament Commissioner for Human Rights, to determine their legal status, and to propose improvements to the administrative and legal regulation of such recommendations in line with international standards and best practices from other countries. Research methods: this study employs a comprehensive methodological approach, including a formal legal analysis of legislative and subordinate acts of Ukraine (in particular, the Constitution of Ukraine and the Law of Ukraine «On the Ukrainian Parliament Commissioner for Human Rights» dated December 23, 1997, No. 776/97-VR), as well as administrative and legal norms. A comparative legal analysis of international human rights standards was conducted, including the Universal Declaration of Human Rights (1948), the European Convention on Human Rights (1950), and the Paris Principles («Principles relating to the Status of National Institutions»), adopted by the Vienna World Conference on Human Rights and the United Nations General Assembly in 1993. To assess the effectiveness of human rights protection activities, the statistical method was used based on official data published by the Office of the Commissioner. Logical and systemic methods were also employed to formulate conclusions and recommendations. Results: the analysis revealed several systemic shortcomings in the legal framework governing the Commissioner’s activities. The main issue identified is the insufficiently binding nature of the Commissioner’s recommendations. Discussion: to overcome these issues, the article proposes legislative improvements aimed at ensuring the effectiveness of implementing the Commissioner’s recommendations through enhanced accountability and transparency. These changes have the potential to significantly strengthen parliamentary oversight and make the Commissioner’s activities more effective and result-oriented, which would have a positive impact on the overall state of human rights in Ukraine.

MAIN ASPECTS OF INTEGRATION OF EXPERT EXPERTISE INTO THE LEGAL SPACE FOR STATE DECISION-MAKING

2025-11-25T10:55:53+02:00

The purpose of the article is to study the main aspects of the systematization of theoretical approaches and the analysis of practical mechanisms for integrating professional expertise into the legal space in order to increase the efficiency, validity and transparency of state decision-making. Special attention is paid to identifying problems of national regulation and formulating proposals for improving legislation in this area. Methods: the study is based on both general scientific methods and specific legal methods of comparative analysis (comparative science), with the help of which various scientific provisions and doctrinal approaches are developed to understand the concept and essence of professional expertise, as well as their significance in the analyzed legal area. The following scientific methods were used in the research process: analytical method - for studying regulatory legal acts of Ukraine and international experience; comparative legal method - for comparing models of expert support in different legal systems; systemic approach - for analyzing the relationships between the expert environment and state administration institutions; synthesis and generalization - for formulating conclusions and practical recommendations. Results: as a result of the research: the key principles of legal integration of expert knowledge into public administration (constitutional principles of the rule of law, legal certainty, impartiality and proportionality, as well as basing the effective integration of independent expertise on the principles of independence of experts; professional competence; procedural guarantees; legal certainty and connection with the principle of good governance) were identified; foreign experience in involving expertise in the formation of public policy was analyzed; the main problems of Ukrainian legislation were identified, including the fragmentation of regulation, the absence of a single regulatory act, the lack of quality standards for expert activity; conceptual ways of improving the legal mechanism for involving expert expertise were proposed, including the need to develop a special law, create an open register of experts and digitalize procedures. Discussion: the article considers key aspects of integrating expert expertise into the legal space, aimed at ensuring the validity, objectivity and effectiveness of state decisions. Special attention is paid to the regulatory and legal mechanisms of interaction between the expert environment and state institutions, the role of the interdisciplinary approach and the principles of transparency. The need to form a systemic model for involving experts in public administration is substantiated.

COMPOSITION OF ADMINISTRATIVE OFFENSE WITH A REFERENCE (BLANKET) METHOD OF PRESENTATION: REQUIREMENTS FOR CONTENT AND STRUCTURE

2025-11-25T11:21:32+02:00

The purpose of the article is to formulate proposals regarding the content and structure of protective and regulatory norms to which the protective provision with a reference (blanket) disposition refers. Research methods: systemic analysis and synthesis, comparative legal and doctrinal knowledge of administrative legislation; methods of comparison and comparison of the provisions of international and national legislation, as well as the method of generalization and modeling of new theoretical knowledge. Results: problems of further development of administrative regulation of administrative offenses are identified and specific ways of solving them are proposed. The properties of administrative legislation are determined by the quality of the general legal norm in conjunction with the regulatory and protective components. The main problems in the field of protection of regulatory norms are that the regulatory norm must be a specifically defined part of the disposition of the protective norm. For a systematic solution of problems with the content of administrative security norms, it is necessary to link security norms to regulatory norms and to present the components of offenses in accordance with a system of standardized requirements. Discussion: the provision is argued that it is necessary to check all existing components of administrative offenses for compliance of the content of the activity model of related legal and regulatory norms with the requirements for their structure and content formulated in the conclusions of the article.

FUNCTIONING OF ADMINISTRATIVE JUDICIARY IN THE CONDITIONS OF MARTYR STATE IN UKRAINE

2025-11-25T11:32:05+02:00

Purpose: a comprehensive analysis of the regulatory, organizational and procedural transformations of administrative justice in Ukraine under martial law in order to identify key problems and prospects for improving this type of justice. Research methods: dialectical, systemic-functional, analysis and synthesis, formal-legal, logical-legal. Results: key problems of administrative justice under martial law are outlined. Changes in procedural legislation aimed at overcoming the challenges facing administrative courts are analyzed. The effectiveness of the implemented digital tools and their impact on access to justice and ensuring the continuity of the administrative judicial process are assessed. Proposals are made to improve legislation, administrative judicial proceedings, and judicial practice in certain categories of disputes. Discussion: the impact of martial law and legal regulation on the organization and implementation of administrative justice. Legislative grounds for remote trial. Good reasons for administrative courts to resume procedural deadlines established by law under martial law. Administrative disputes about restrictions on the rights and freedoms of citizens under martial law. Improving the digitalization of administrative proceedings, taking into account modern risks and technical inaccessibility for certain groups of citizens.

Administrative justice during martial law demonstrated resilience and the ability to administer justice. The introduction of digital technologies contributed to positive changes and transformation of the judicial system. Gradual improvement of administrative procedural legislation based on practical requests continues. The most important task for administrative justice during the period of restriction of constitutional rights is to ensure a balance between the protection of national security and the preservation of fundamental human rights and freedoms. The court should act not only as an arbitrator in disputes, but also as a guarantor that even in conditions of extraordinary challenges, the law remains effective and the state does not lose its democratic face.

LEGAL REMEDIES FOR PROTECTION OF ECONOMIC RIGHTS OF INDIVIDUALS IN ADMINISTRATIVE COURT AND OUT-OF-COURT PROCEDURES

2025-11-25T11:43:30+02:00

The purpose of this study is a comprehensive study of the regulatory and legal support of mechanisms for protecting the economic rights of individuals in the administrative court and other non-judicial institutions, and an analysis of the current regulatory framework for regulating the financial system of Ukraine. Research methods: the study was conducted using a system of general scientific and special scientific methods of cognition that provide an objective analysis of the subject under study. When studying this aspect, objectivity, value and structural-system approaches are important, as well as the use of logical techniques, in particular analysis and synthesis, comparison, generalization. Results: the key principles of judicial and non-judicial protection of citizens’ economic rights, as well as the structure of the mechanism for such protection in Ukraine, are identified. Discussion: the current state and features of the implementation of the mechanism for protecting citizens’ economic rights, as well as the search for prospects for further development of legislative means of protecting the economic rights of individuals, proposals are made regarding the introduction of the institution of a financial ombudsman in Ukraine, on conceptual research in financial law.

Economic rights of individuals are fundamental rights guaranteed by the Constitution of Ukraine, which include the right to own, use and dispose of property, freedom of entrepreneurial activity, protection from arbitrary interference by the state in the sphere of private initiative and other elements of economic freedom. The mechanism for protecting the economic rights of individuals in Ukraine is implemented both within the framework of administrative proceedings and through extrajudicial institutions. The administrative court acts as the main instance for resolving disputes between citizens and subjects of power in the field of public finances, taxes, social payments, etc. Extrajudicial forms of protection, although less developed, also have the potential to effectively influence the observance of the economic rights of citizens. These include mediation institutions, the activities of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, the National Bank of Ukraine, as well as the promising model of the financial ombudsman, the introduction of which could fill the existing gaps in the field of alternative resolution of financial disputes. The current regulatory framework requires improvement in order to harmonize rights protection procedures with European approaches, in particular by simplifying citizens' access to justice, reducing formalism in interaction with state authorities, and strengthening guarantees of impartial consideration of financial disputes.

THE USE OF ELECTRONIC EVIDENCE AS MEANS OF PROOF IN ADMINISTRATIVE COURT PROCEEDINGS

2025-11-25T11:55:43+02:00

Purpose: the study aims to provide a comprehensive analysis of the legal nature and specific features of using electronic evidence in administrative court proceedings in Ukraine under the conditions of digital transformation of justice. Methods: the research applies a comparative legal analysis of electronic evidence and traditional means of proof (written, material, and witness testimony), a systematic approach to evaluating the provisions of the Code of Administrative Procedure of Ukraine, as well as an analysis of judicial practice and international standards (Regulation eIDAS). Discussion: the paper identifies key issues related to the classification, authenticity, and admissibility of electronic evidence, along with the lack of unified procedural standards. It examines controversial aspects of the evidential value of e-mails, screenshots, audio and video recordings, and emphasizes the role of a qualified electronic signature as a guarantee of data authenticity. Results: the findings highlight the need for a comprehensive combination of legal and technical safeguards, the unification of rules for submission and evaluation of electronic evidence, and the harmonization of national practice with international standards of digital justice. Recommendations are proposed for improving legislation and enhancing the digital competence of legal professionals.

The article it shows that the emergence and active use of electronic evidence is a natural consequence of the development of information technologies, the expansion of electronic communications, and the introduction of electronic services in the activities of public authorities. It is determined that electronic evidence differs significantly from traditional types of evidence in its intangible nature, dependence on technical means for reproduction, the possibility of existing in several identical copies, and the need for special authentication procedures.

A comparative analysis of electronic evidence with written, material, and witness testimony has been carried out, which has made it possible to substantiate its intermediate nature and uniqueness as an independent institution of evidence law. Particular attention is paid to the requirements of the Code of Administrative Procedure of Ukraine regarding the relevance, admissibility, reliability, and sufficiency of evidence, as well as the peculiarities of the court’s assessment of electronic evidence based on internal conviction. The problems of practical application are highlighted, including the lack of a unified classification, ambiguity in defining the boundaries between electronic documents and electronic material evidence, as well as the fragmentary nature of judicial practice.

The paper emphasizes the importance of using a qualified electronic signature as a guarantee of data authenticity and a means of confirming the authorship of electronic documents. At the same time, it outlines the problem of the evidential value of e-mails, screenshots, audio and video recordings, which remain the most common, but not always clearly regulated means of evidence.

Conclusions have been formulated regarding the need for a comprehensive combination of legal and technical safeguards, as only their interaction can ensure the relevance, admissibility, and reliability of electronic evidence in court proceedings. Such a balance minimizes the risks of falsification or modification of digital data and, at the same time, guarantees effective protection of the rights of participants in administrative proceedings.

The article reveals both theoretical and legal and practical aspects of the use of electronic evidence, offering a holistic view of its place and significance in administrative proceedings and forming scientifically sound recommendations for the further development of the institution of electronic evidence.

PECULIARITIES OF INVESTIGATING MURDERS IN THE ABSENCE OF A CORPSE

2025-11-26T14:21:07+02:00

Objective: the purpose of this article is to explore the specifics, difficulties, as well as the methodology for establishing the fact of murder, the identity of the deceased and the circumstances of the criminal offense in the absence of the main source of evidence, namely the victim’s corpse.

Therefore, the investigation of murders in the absence of a corpse is a particularly difficult task that requires high professional training of all participants in the investigative process, since without a body it is much more difficult to establish the fact of death, its causes, motives for the crime, the manner of its commission and the persons who may be involved. This, in turn, requires the development of effective methods for collecting and analyzing evidence, and the adaptation of existing investigative algorithms to conditions of uncertainty. Today, the relevance of this topic is due to both the growing number of cases of disappearances of persons with signs of violent death and the modern possibilities of concealing traces of an offense in the context of technological development. Criminals are increasingly resorting to measures that make it difficult to identify the bodies of the dead, hoping to avoid criminal liability. In such circumstances, law enforcement agencies need to have a clear algorithm of actions based on the analysis of circumstantial evidence, the latest methods of forensic science and forensic examination. The study and systematization of the peculiarities of investigating such proceedings are extremely important for improving the practice of pre-trial investigation, increasing the efficiency of investigative bodies and ensuring the principle of inevitability of punishment. Research methods: the following methods were used in the course of the work, namely: the historical and legal method, which analyzed the evolution of approaches to the investigation of such proceedings in different periods. It also includes the forensic method, namely the analysis of methods and tactics used by investigators when collecting evidence without a corpse. The sociological method is a survey or questionnaire of investigators, judges, and prosecutors to identify the difficulties and problems that arise during the investigation of such proceedings. Results: this article focuses on the problematic issues that arise in the course of investigating murders in the absence of a corpse. The shortcomings of the methodology of investigation of these offenses are considered. Discussion: the author analyzes the difficulties faced by officers in investigating murders without a victim’s body, and draws attention to the use of non-standard approaches and in-depth analysis of circumstantial evidence. After all, investigators and prosecutors are forced to act in conditions of high evidentiary complexity in order to collect sufficient evidence to cast no doubt on the person’s guilt. This requires not only in-depth knowledge of the law, but also a high level of professionalism, analytical skills and the use of modern forensic methods.

EXPERTISE IN THE FIELD OF STATE EXPORT CONTROL AS A MECHANISM FOR GUARANTEEING UKRAINE’S NATIONAL SECURITY

2025-11-26T14:31:07+02:00

Purpose: this article is devoted to substantiating the role and significance of expertise in the field of state export control as a key mechanism for ensuring Ukraine’s national security. Research methods: the article uses general scientific and special methods of cognition: the dialectical method – to reveal the relationship between state export control and national security; systemic and structural-functional analysis – to determine the place of expertise in the mechanism of state control; comparative legal method – to compare domestic and international approaches to the regulation of export control procedures; formal legal method – to analyze the regulatory framework of Ukraine in the field of export control; statistical and empirical analysis – to summarize the official reporting data of the State Export Control Service and identify trends in its activities. Results: the analysis showed that expertise in the field of state export control is a key tool for ensuring Ukraine’s national security and, at the same time, an important factor in supporting domestic exporters of high-tech products. The regulatory and legal basis for conducting expertise, its types and forms were analyzed, and the principles ensuring the objectivity and legality of the process were identified. Statistical data on the activities of the State Export Control Service were summarized, confirming the systematic and adaptive nature of its work. Problematic aspects of the organization of expertise are identified and directions for improvement are substantiated, including: increasing the transparency and efficiency of procedures, expanding advisory support for exporters, introducing electronic services, and strengthening interagency coordination. Discussion: the results obtained show that expertise in the field of state export control has a dual nature: on the one hand, it is an instrument for ensuring national security, and on the other, it is a factor in creating a favorable environment for the development of domestic exporters. This necessitates finding a balance between strict control and flexible procedures. The study emphasizes that current challenges related to the proliferation of sensitive technologies and external aggression against Ukraine make it necessary to strengthen preventive measures and improve the regulatory framework. At the same time, international experience demonstrates the importance of using electronic tools, transparent mechanisms for interaction with business, and the involvement of non-governmental expert institutions. Thus, the further development of the expertise system should be based on a combination of national security priorities and adaptation to international export control standards.

FEATURES OF CONDUCTING INVESTIGATIVE ACTIONS UNDER MARTIAL STATE IN UKRAINE

2025-11-26T14:47:48+02:00

The purpose of the article is a comprehensive analysis of the features and problems of legal regulation and tactics of conducting investigative (search) actions under martial law in Ukraine, as well as the development of proposals for improving criminal procedural legislation and investigative practice taking into account modern challenges and international experience. Research methods: formal-legal, comparative-legal, systemic-structural, as well as methods of analysis, synthesis and generalization. The results of the study demonstrate that the legal regime of martial law has led to a significant transformation of the criminal procedural order of conducting investigative actions, which was expressed in the introduction of legislative amendments and the limitation of procedural guarantees in order to adapt to security challenges. It has been established that investigative practice faces a number of systemic problems, in particular, delays in registering proceedings in the ERDR, risks to the safety of participants, which requires the development of new tactical approaches, and difficulties in properly recording evidence. It has been proven that the use of remote formats for interrogation and presentation for identification is debatable and may violate procedural guarantees and affect the reliability of evidence. The growing role of covert investigative actions in countering crimes against national security and the importance of borrowing international experience, in particular from Israel, in the field of coordination of investigative bodies and the use of technology are substantiated. Discussion: adapting the criminal procedure order to the conditions of martial law is a forced step that creates significant tension between the needs of effective investigation and compliance with fundamental procedural guarantees. Practical challenges, such as the safety of investigators and proper fixation of evidence in a combat zone, require not only legislative changes, but also the development of new tactical techniques and enhanced interagency coordination, as the experience of Israel shows. Although digitalization and remote formats offer certain solutions, their application must be balanced in order to avoid leveling the key principles of criminal proceedings. Further improvement requires the creation of flexible but clearly regulated mechanisms that will allow law enforcement agencies to respond promptly to threats without violating fundamental human rights.

LEGAL CONFLICT DURING MARTIAL STATE: WHO IS RESPONSIBLE FOR EXCESS OF POWER?

2025-11-26T15:03:34+02:00

The purpose of the article is a comprehensive study of current issues concerning the functioning of public authorities under martial law in Ukraine, focusing on the legal analysis of the authorities exceeding their powers. Research methods include document analysis and synthesis, cognitive-analytical methods, as well as systematization and generalization. The research results showed that the introduction of a special legal regime during an armed conflict objectively requires a temporary expansion of the powers of state authorities to effectively respond to threats to national security, maintain public order, and ensure defense capability. However, this very expansion creates increased risks of exceeding the permissible limits of interference in citizens’ rights, manipulation of the notion of ‘military necessity,’ and the emergence of legal nihilism. Analyzing the provisions of current legislation, one can draw an unequivocal conclusion: territorial recruitment and social support centers do not have the authority to independently detain individuals, even in cases of evasion of mobilization obligations. Their functions are limited to organizational and supervisory measures in the areas of military registration, mobilization, and social support. Discussion: in a state of war, it is important to maintain a balance between the needs of national security and the guarantees of citizens’ rights and freedoms, which continue to apply even in extraordinary circumstances. The legality of the actions of public authorities remains a defining criterion in a rule-of-law state, and deviation from this principle leads to a loss of public trust and an increase in legal nihilism.

RESTRICTIONS ON CONSTITUTIONAL RIGHTS IN CRIMINAL PROCEEDINGS: LEGISLATIVE REGULATION AND DOCTRINAL APPROACHES

2025-11-26T15:23:24+02:00

The purpose of this article is to clarify the legal nature, content and limits of restrictions on constitutional rights and freedoms in criminal proceedings, as well as to formulate a scientifically based definition of this phenomenon, taking into account current legislation, the positions of scientists, the practice of the Constitutional Court of Ukraine, the European Court of Human Rights and international standards in the field of human rights. Research methods: to achieve the set goal, general scientific and special methods were used, in particular: formal-legal, systemic-structural, comparative-legal, doctrinal analysis, and analytical methods. Results: the theoretical and legal foundations for restricting constitutional rights and freedoms in criminal proceedings, particularly in cases involving procedural coercion, have been studied. It has been substantiated that restrictions on rights are an exceptional legal phenomenon that is permitted only in the presence of legal grounds, a legitimate purpose, social necessity, and compliance with the principle of proportionality. The positions of scientists regarding the nature, essence and classification of restrictions are analysed. It is established that in conditions of martial law or a state of emergency, restrictions may be broader in scope, but at the same time they must not violate the essential content of fundamental rights. The specifics of restrictions on constitutional rights, such as the right to freedom, inviolability of the home, privacy, property, movement, etc., as well as certain procedural rights of participants in criminal proceedings, are revealed. It is noted that restrictions may be imposed both in conjunction with coercive measures and independently of them in the form of procedural obligations or prohibitions. The key differences between coercion and restriction as legal phenomena are highlighted. Attention is drawn to the need for legislative regulation of the concept of restriction of rights in criminal proceedings, which will contribute to legal certainty and prevent arbitrariness. The author proposes a definition of the concept of ‘restrictions on rights and freedoms in criminal proceedings’ and formulates approaches to their classification. The need to improve procedural mechanisms for monitoring human rights compliance during criminal proceedings is justified.

HIGHER EDUCATION IN TERMS OF WAR IN UKRAINE: LEGAL AND SOCIAL DIMENSIONS

2025-11-26T15:39:17+02:00

The article aims to summarize the main challenges faced by higher education in Ukraine in the context of the full-scale invasion of Ukraine by the Russian Federation and conduct a comprehensive theoretical study of the legal framework for security threats, the devastation of universities, compelled digital transformation, quality assurance under martial law, financial obstacles, and international assistance. Some universities were forced to relocate due to the hostilities; their buildings were damaged or destroyed, and the educational infrastructure has undergone significant changes, especially in the East and South of Ukraine. The research theme is extremely relevant in the context of Ukrainian society, as the education sphere is one of the most affected by the war in Ukraine, which has faced new challenges. Research methods: the main methods used in writing this article are content analysis (research using content analysis by MAXQDA24, Python, and Internet resources), comparative analysis, and a questionnaire survey (online survey using Google Forms). Results: the task is to conduct a comprehensive analysis, identify needs and trends, develop effective programs to support the system of higher education, and restore higher education institutions. Conducting sociological research is important for understanding the depth of social transformations, as sociological analysis is an important tool for making informed management decisions aimed at supporting Ukrainian society in the context of war and rebuilding the state. Discussion: this article examines the repercussions of Russia’s extensive military aggression against Ukraine on the higher education system from 2022 to 2025. Additionally, the article offers pragmatic recommendations for universities and public policy both during wartime and in the context of post-war recovery.

INTERNATIONAL LEGAL STANDARDS AND ADMINISTRATIVE-LEGAL MECHANISMS FOR ENSURING THE RIGHT TO EDUCATION IN UKRAINE UNDER MARTIAL LAW

2025-12-01T10:33:57+02:00

Purpose: a comprehensive analysis of the regulatory, organizational and procedural transformations of administrative justice in Ukraine under martial law in order to identify key problems and prospects for improving this type of justice. Research methods: dialectical, systemic-functional, analysis and synthesis, formal-legal, logical-legal. Results: it is substantiated that the international legal standards of the right to education have evolved as a multi-level system, with its core formed by the universal instruments of the United Nations and further developed through regional documents of the Council of Europe and the European Union. It is demonstrated that Ukrainian legislation generally reflects the key requirements of these standards; however, the implementation process remains fragmented, particularly regarding procedural guarantees of access to education in conditions of emergencies and armed conflict. It is identified that martial law creates additional challenges for the realisation of the right to education, including issues of territorial accessibility, safety of the educational process, digital inequality, and the situation of internally displaced persons, as well as combatants and their families. Discussion: it is proven that administrative-legal mechanisms for ensuring the right to education under martial law must be based on a combination of international standards, constitutional guarantees, and flexible procedural decisions that allow maintaining a balance between security requirements and the need to ensure the continuity of the educational process. Special attention is given to the issue of legal certainty concerning access to education for internally displaced persons, students and pupils from temporarily occupied territories, as well as the digital accessibility of education. Directions for improving legislation, administrative procedures, and the practice of public authorities in the educational sector are proposed.

THE ESSENCE AND SIGNIFICANCE OF LOCAL LEGAL REGULATION OF LABOUR RELATIONS IN HIGHER EDUCATION INSTITUTIONS

2025-11-26T08:33:56+02:00

Purpose: to clarify the essence and significance of local legal regulation of labour relations in higher education institutions. Research methods: formal-logical, dogmatic, comparative, and systemic-structural methods were employed. Results: the author concluded that local legal regulation of labour relations in higher education institutions constitutes autonomous legal regulation at the level of a specific higher education institution, aimed at implementing the centralized norms and adapting them to specific legal relations, considering the specificity of the subject and its needs, while respecting legislative limitations and principles of legal regulation. Discussion: despite the fact that the boundaries of local legal regulation are established at the centralized level, it has independent significance and occupies an equal position alongside centralized regulation.

A significance of such regulation lies in ensuring the flexibility of legal regulation of labour relations, taking into account the peculiarities of educational activities and the implementation of the principle of autonomy of higher education institutions, however, in compliance with the principle of favourability and within the limits determined by the legislation.

Local acts of a higher education institution are divided into normative (containing the local norms of law) and law-enforcement, i.e. individually determined acts of law application. They are adopted in accordance with the procedure and on the terms determined by the legislation on education and the charter of a higher education institution, taking into account specific procedural features, in particular, the role of collegial management bodies.

CURRENT ISSUES OF EMPLOYMENT, SOCIAL PROTECTION DURING THE PERIOD OF MARTIAL STATE: PRACTICAL ASPECT

2025-11-26T08:43:59+02:00

Objective: analyze practical problems of employment during the legal regime of martial law; investigate the features of concluding an employment contract with military personnel on conscription; consider current issues of social protection of the employee’s family, in particular, a child; identify proposals for solving employment problems in modern conditions in Ukraine. Research methods: during the scientific research, general scientific and special methods were used. In particular, the logical-semantic method was used to formulate problematic issues of employment during martial law. The comparative legal method was used to analyze common and distinctive features of forms of systematization of social legislation, characteristics of the correlation of trends in the further development of systematization of social legislation and employment. When generalizing the classification of tasks and functions of employment, classification, group, system-structural and system-functional methods were used. With the help of special legal and statistical methods, theoretical and practical problems of employment of military personnel were identified. In turn, the structural-logical method was used to determine the possibilities of eliminating the outlined problems and optimizing the systematization of social legislation in Ukraine. Results: іt is argued that the process of employment of a conscript, social protection of this category of employees and their family members has a number of practical problems that require urgent resolution at the level of national legislation. Discussion: the issue of the implementation of constitutional guarantees of the right to work and social protection by a person subject to military service is raised.

THEORETICO-LEGAL MODELS FOR HARMONIZING INTELLECTUAL PROPERTY RIGHTS AND NATIONAL SECURITY: INTERNATIONAL EXPERIENCE AND THE UKRAINIAN CONTEXT

2025-11-26T08:53:50+02:00

Purpose: to identify and systematize, in a theoretico-legal perspective, the models for harmonizing intellectual property (IP) rights with national security requirements by comparing foreign approaches (the USA, the EU and multilateral fora) and adapting them to the Ukrainian context. Research methods: normative legal analysis (including Art. 73 of the TRIPS Agreement, the U.S. invention secrecy regime, and EU initiatives on crisis licensing), historical-legal and comparative approaches, system-structural modeling of the interactions between instruments and institutions, and analytic-synthetic procedures for generalizing empirical data and deriving recommendations. Results: three archetypes are distinguished – (1) patent secrecy as a mechanism to prevent leakage of critical technologies; (2) crisis IP governance (compulsory/open licensing) for rapid scale-up of essential developments; (3) “dual-track” corporate strategies that balance patents and know-how. It is shown that secrecy reduces disclosure risks but suppresses commercialization; crisis licensing accelerates access and production, yet increases intelligence and export-diversion risks in high-intensity conflicts; Ukrainian practice is fragmented (unclear declassification rules, no compensation for “secret patents,” limited support for private defense innovators). Discussion: a hybrid model for Ukraine is substantiated that provides for transparent secrecy and declassification procedures with fair remuneration to authors, flexible crisis-licensing tools with temporal and subject-matter safeguards, and a security-screened export policy; problematic issues for further debate are outlined – criteria and timelines for declassification, compensation and judicial-protection mechanisms, the limits of “open licensing commitments” in wartime, standards for choosing between patenting and know-how in the private defense sector, and the integration of IP governance into the national security architecture.

THE STATUS OF A CHILD AFFECTED BY MILITARY ACTIONS: SOME ASPECTS OF LEGAL REGULATION AND APPLICATION PRACTICE

2025-11-26T09:02:42+02:00

The purpose of the article: to analyse some aspects of the legal regulation and practical implementation of the protection of children’s rights in Ukraine during wartime, with a particular focus on the impact of the armed aggression by the russian federation and on the mechanisms for determining and realising the legal status of children affected by military actions and armed conflicts. Research methods: the research applies a combination of formal-legal, comparative and analytical methods, as well as a systemic approach to examining national and international legal frameworks and their application in wartime conditions. Results: the article highlights inconsistencies in national legislation and the lack of coordination among state bodies responsible for protecting the children’s rights. Discussion: an author argues that effective protection of children in wartime requires the revision of existing legislation, harmonisation with international humanitarian and human rights standards, and the introduction of an integrated system of legal and social guarantees for children who have become victims of war.

ANALYTICAL REVIEW OF JUDICIAL PRACTICE REGARDING THE RECOGNITION OF INDIRECT ACTS DURING PROCEEDINGS IN BANKRUPTCY CASES

2025-11-26T09:14:12+02:00

The purpose of the article: based on an analysis of judicial practice regarding the invalidation of transactions in bankruptcy procedures, identified shortcomings of the relevant legislation in its application by courts, to propose ways to eliminate such shortcomings. Research methods: in the process of scientific research, general scientific (dialectical, formal-logical, methods of analysis and synthesis) and special legal (comparative legal, systemic-structural) methods were used. Results: the peculiarities of the application of the procedure for declaring the debtor’s transactions invalid during bankruptcy proceedings are outlined; identified problems of ambiguous application of the norms of the Code of Ukraine on Bankruptcy Procedures and the Civil Code of Ukraine in their combination when declaring transactions invalid in bankruptcy procedures and proposed ways to eliminate them; the feasibility of ordering a judicial examination in cases of difficulties in determining the market price of property on the date of the transaction in respect of this property has been proven, if such a transaction is declared invalid in the bankruptcy procedure. Discussion: the criteria by which transactions can be declared invalid in bankruptcy procedures are debatable; the grounds for declaring transactions invalid, as set out in Part 2 of Article 42 of the Code of Ukraine on Bankruptcy Procedures, are ambiguous; аpplications for the declaration of invalidity of transactions in bankruptcy proceedings are submitted in accordance with the requirements for a statement of claim under the rules of the Commercial Procedural Code of Ukraine.

LEGAL REGULATION OF INVESTMENT ACTIVITY IN UKRAINE: DEVELOPMENT PROSPECTS

2025-11-26T13:53:29+02:00

The purpose of the article is to develop recommendations for improving the legal regulation of investment activities in Ukraine to stimulate economic growth and increase the country’s investment attractiveness. Research methods: the work used a set of methods: general scientific (analysis and synthesis, induction and deduction) - to study the main provisions of the investment legislation of Ukraine; formal and legal - to study the content of norms, special terms and direct conflicts of regulatory legal acts; comparative legal - to identify best practices for improving regulatory mechanisms; systemic and functional - to clarify the relationship between regulatory legal acts regulating investment activities. Results: it was found that the current investment legislation of Ukraine contains a number of gaps in the legal protection of investors, an overly complex mechanism of state regulation, and the presence of a number of risks for attracting investments; at the same time, positive trends are observed in the adaptation of norms to European standards, the growth of foreign direct investment, and the renewal of approaches to public-private (public-private) partnership; based on a comparative analysis, measures were proposed to improve the regulatory framework, aimed at simplifying procedures, strengthening guarantees of investor rights, and creating a more attractive investment environment. Discussion: the discussion highlights the importance of further harmonization of Ukrainian legislation with European norms; at the same time, the potential of measures to simplify procedures, optimize tax incentives, and strengthen institutional support for investors is discussed, which can become the basis for economic growth and competitiveness of the country.

COURT ORDER AS A SPECIAL FORM OF COURT DECISION IN COMMERCIAL PROCEEDINGS

2025-11-26T14:09:27+02:00

The purpose of the study is to clarify the legal nature and place of the court order among other forms of commercial court decisions and to formulate proposals for its improvement. Research methods: general scientific methods were used: comparative law, systems analysis, statistical, as well as special legal methods: formal-legal, systems-functional. Results: the characteristics and content of a court order and the grounds for its issuance in commercial proceedings were analyzed; it was proven that it has a dual legal nature - as a court decision and as an executive document; it was stated that, unlike a court decision, which is adopted after a full consideration of the case, examination of evidence, and hearing of the parties, a court order is a more formalized act based on the presumption of the indisputability of the claim; the shortcomings of the legal regulation of the issuance of a court order were identified; it is proposed to abandon the procedure for considering an application to cancel a court order and to provide for the debtor’s right to challenge the court order.

The results of the study concluded that a court order in Ukraine is significantly different from a standard court decision. Its main purpose is to simplify and accelerate the process of collecting undisputed amounts of money. However, it is difficult to call it an effective type of court decision in commercial litigation, since a small number of cases are resolved in the order proceedings. Therefore, it is advisable to formalize this type of proceedings more, to abandon such a procedure as considering an application for the cancellation of a court order, but to provide the debtor with the opportunity to protect his rights by challenging the court order after it is issued.

Discussion: the institution of a court order in commercial proceedings helps reduce the burden on the courts and accelerate the collection of undisputed debts; a court order has features inherent in simplified types of proceedings.